Other Tribunals - OCASPD

The Member, an audiologist, was alleged to have committed professional misconduct by using the title 'doctor' or 'Dr.' in her practice, contrary to section 33 of the Regulated Health Professions Act.

The Member brought a motion challenging the College's jurisdiction, the validity of the professional misconduct regulation, the referral process, and the constitutionality of the title restriction under sections 2(b) and 7 of the Charter.

The Discipline Committee dismissed the motion, finding the regulation valid and the Charter rights not infringed, relying on binding precedent that professional title restrictions do not violate freedom of expression or security of the person.

The Committee found the Member committed professional misconduct, ordered a reprimand, a three-month suspension (one month remitted), an ethics course, practice inspections, and costs of $97,595.

The member, a speech-language pathologist, admitted to professional misconduct for inappropriately accessing the personal health information of patients not under her care at the Ottawa Hospital.

The Discipline Committee accepted an Agreed Statement of Facts and found the member committed professional misconduct by contravening the Personal Health Information Protection Act, 2004 and hospital policy.

The Committee accepted a Joint Submission on Penalty, ordering a reprimand, a $1,000 fine, and publication of the decision with the member's name.